Gardai not processing case?

Villain

If someone was the victim of an attemtped murder and a month after the incident happened, the accused who made a confession still hadn't been charged because the Gardai were "busy" and waiting on paperwork from a hospital but the accused was moving back to the house next door to the victim is there any legal avenue open to the victim to either speed up the process or prevent the accused from moving back next door?

Overheal

given the context of the case I'd assume a restraining order could be put into effect while you await the results of an investigation...

johnnyskeleton

Once the gardai have charged the person, they can ask the court that one of the bail conditions is that he/she have no contact with the injured party until the trial.

Someone in this situation could try to get an injunction, but that is costly and, bearing in mind that they would be trying to prevent someone residing in their own home, it would not always be granted.

Jo King

It can be quite some time before a person is charged in a serious case. A file has to be prepared and sent to the DPP. The DPP will direct whether charges are to be brought or not. This process can take months even in relatively straightforward cases. The suspect is legally entitled to a presumption of innocence so unless he does something which justifies another charge such as assault where he can be put on bail under conditions, there would be no means of restricting his movements.

johnnyskeleton

Jo King wrote: »

It can be quite some time before a person is charged in a serious case. A file has to be prepared and sent to the DPP. The DPP will direct whether charges are to be brought or not. This process can take months even in relatively straightforward cases. The suspect is legally entitled to a presumption of innocence so unless he does something which justifies another charge such as assault where he can be put on bail under conditions, there would be no means of restricting his movements.

The gardai usually use a holding charge - e.g. assault, threat to kill - to keep the person before the court while the DPP 's directions are sought. Whether this practice is right or wrong is a matter for another day.

Villain

Jo King wrote: »

It can be quite some time before a person is charged in a serious case. A file has to be prepared and sent to the DPP. The DPP will direct whether charges are to be brought or not. This process can take months even in relatively straightforward cases. The suspect is legally entitled to a presumption of innocence so unless he does something which justifies another charge such as assault where he can be put on bail under conditions, there would be no means of restricting his movements.

I would have thought so too Jo King, but media reports in the past month that I have heard stated that on 3 seperate cases of stabbings that the accused was charged and brought before the court in 24 hours?

johnnyskeleton

irish1 wrote: »

I would have thought so too Jo King, but media reports in the past month that I have heard stated that on 3 seperate cases of stabbings that the accused was charged and brought before the court in 24 hours?

The gardai cannot charge you with something unless they have evidence to back it up. So you can be charged with assault / possession of a knife etc, until they get their proofs in order for an assault causing serious harm, murder, manslaughter etc.

Croc

They would also probably need the D.P.P.'s consent to lay such serious charges which involves putting a file before him (which takes time to put together),

Turner

In serious cases a member of an garda siochana of the rank of inspector or above can get dpp's directions over the phone, charge a suspect and look to have that person remanded in custody.